Privacy NoticeLast Updated: 3/4/2022
This Privacy Notice explains how and why Factory Outlet Stores Holding LLC and its corporate affiliates (“we, “us” or “our”) collect, use, protect, and share your information, including both Personal Information and Non-Personal Information (defined below), through websites or applications (collectively, the “Site”) where this Privacy Notice is posted.
Each time that you access or use a FactoryOutletStore.com Site, you acknowledge that you have read, understood, and agreed to be bound by this Privacy Notice and the FactoryOutletStore.com Terms and Conditions. If you do not agree with this Privacy Notice or our Terms and Conditions, you must stop using this Site.
Information We Collect
The information we collect about you may include both Personal Information and Non-Personal Information. “Personal Information” is information that can identify you as an individual, such as your name, home address, contact information, and financial payment information. “Non-Personal Information” is information that does not reveal your individual identity, such as aggregate statistics or general demographic information like gender.
We collect information about you from a variety of sources, including:
- Information that we collect directly from you such as your name, email address, billing and/or shipping address, phone number, payment account information, and your preferences and interests.
- We will also collect any information that you otherwise provide to us, such as any comments or questions that you submit to us through our Site or through other communication channels.
- Information that we collect from third parties may include contact information (if, for example, another FactoryOutletStore.com customer ships a product directly to you) or demographic and lifestyle information.
- If you interact with us on social networking platforms, we may also use that information from those social networking platforms, such as your Facebook username and other publicly available information.
- Information that we automatically collect about you when you use our Site varies depending on the settings of your web browser or device, but it may include the content you view on our Site; the date and time you access our Site; how long you use our Site; the type of web browser you are using (for example, Firefox or Chrome); the type of device you are using (for example, whether you are using a mobile device); and your Internet Protocol address (which is a unique string of numbers to identify devices connected to a network). See the section below titled Cookies and Tracking for more information.
We may combine information from all of the above sources.
If you do not provide personal information to us, we may not be able to provide our products or services to you. Your personal information is needed for vital business operations such as to email you an order receipt, process payment of your order, and ship products to your shipping address.
Use of Information
- Customer service. We use your information for customer service purposes, including to provide products and services to you; to take, verify, process, and deliver your orders and returns; to process payments; to verify your tax or tax-exempt status; to determine your credit eligibility for certain services such as from cellular or data providers; to provide you with a personalized shopping experience; for warranty, technical support, or other similar purposes; and to establish and update your customer account.
- Communication. We use your information to communicate with you, including to respond to requests for assistance and to update you about the status of your orders. We may communicate with you in a variety of ways, including postal mail, email, and/or telephone.
- Marketing. We use your information for marketing purposes, including providing you with special offers, promotions, news, and newsletters; to contact you about products we think may interest you; to serve relevant advertisements to you; to administer contests, promotions, and other offers; and for other marketing, advertising, and promotional purposes. Our marketing communications with you may include communications via postal mail, email, and/or telephone. Upon placing an order through this Site, your billing email address will automatically be enrolled in the FactoryOutletStore.com promotional email list. You can opt out of receiving promotional emails from us by clicking an unsubscribe link included in our email offers, or by following this link to our Email Opt Out Page.
- Administration. We use your information for administrative purposes, including to manage our inventory; to help us better understand how our customers access and use our Site; to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Privacy Notice, our Terms and Conditions, and other policies.
- Research and development. We use your information for research and development purposes, including improving our Site, products, services, and customer experience; to understand our customer demographics; and for other research and analytical purposes.
- Legal compliance. We use your information to comply with applicable legal or regulatory obligations, including responding to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.
- Protection of us and others. We use your information where we believe it is necessary to protect us and others.
Sharing of Information
We share your information with the following entities:
- Corporate Relatives. We may share your information with any current or future parent company, affiliate, or subsidiary.
- Service Providers. We may share your information with our contractors, vendors, service providers, agents, or others who perform functions on our behalf. For example, we may share your information with service providers who host our Site, coordinate mailings, or analyze aggregate information about our customers.
- FactoryOutletStore.com Site Users. We may share your information with other Site users. For example, if you post a review, pictures, or other content on our Site, the contents of your post, as well as other information, such as your username, may be available to all Site visitors.
- Unaffiliated Third Parties. We may share the information we collect about you with other unaffiliated third parties, such as social media and networking platforms. These third parties may use such information for their own Direct Marketing Purposes. The use of information by these unaffiliated third parties is governed by the privacy policies of those third parties. See the relevant ‘Additional Information’ sections below for more information about your rights under California and Nevada law regarding our disclosures to third parties.
We may also share your information in the following ways:
- Business Transfers. We may share your information with another entity if we or any of our current or future corporate relatives are acquired by or merge with another legal entity, if substantially all of our assets are sold or transferred to another legal entity, as part of a bankruptcy proceeding, or as part of a similar transfer of assets.
- In Response to Legal Process. We may share your information when we believe it is appropriate to comply with the law or a regulatory requirement; to comply with governmental, administrative, or judicial process or other similar requirement or order, such as a subpoena or court order; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); or as evidence in litigation in which we are involved. We also reserve the right to report to appropriate law enforcement or governmental agencies any activities that we believe are in violation of applicable laws, rules, or regulations without providing notice.
- To Protect Us and Others. We may share your information where we believe it is necessary to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; to protect the legal rights, Site, or safety of you, Factory Outlet Stores Holding LLC, its corporate relatives, and their respective employees, clients, partners, agents, other users, or the public in general; to enforce our Terms and Conditions or this Privacy Notice; and to monitor and remediate security issues.
- Aggregate and De-Identified Information. We may disclose aggregate or de-identified information about our customers for marketing, advertising, research, or other purposes.
You have certain choices regarding the Personal Information we collect about you. For example, you may:
- Request to Modify the Personal Information We Have Collected About You. You may request to modify your Personal Information by emailing us at email@example.com or by calling 1-855-661-9129 and specifying the addition, deletion, or other modification to your Personal Information that you would like us to make.
- Request to Modify Content You Have Posted. You may request to modify content that you have posted to our Site by emailing us at firstname.lastname@example.org or by calling 1-855-661-9129 and specifying the content (such as comments or reviews) that you would like modified or deleted. In some cases, we may not be able to remove your content. If this is the case, we will let you know if we are unable to do so and why. Even if we are able to anonymize or make your content or information no longer visible, there is no way to ensure complete or comprehensive removal of your content from the Internet because third parties may have archives of our web pages. We therefore cannot prevent such information from being used in a manner that may violate this Privacy Notice, the law, or your personal privacy.
- Deactivate Your Account. If you have an account with us, you may deactivate your account by emailing us at email@example.com or by calling 1-855-661-9129 and requesting that we deactivate your account.
- Opt-Out of Promotional Email Communications. You may opt out of promotional emails by clicking on the unsubscribe link in the email. Please also note that if you have previously added your contact information to the mailing list of one of our clients or partners and later withdraw your permission, you will have to contact that third party (or use an opt-out link provided in an email communication from that client or partner) to request removal from that mailing list as well.
- Opt-Out of Promotional Mail Communications. You may opt out of promotional mail communications by following the instructions provided in the mailing, by emailing us at firstname.lastname@example.org, or by calling 1-855-661-9129 and briefly describing the mailing that you would like to unsubscribe from.
- Opt-Out of Interest-Based Advertising. We use third-party service providers such as Google’s AdSense and AdWords to help us provide advertisements to you that are tailored to you based on interests that you have expressed on our Site or elsewhere (“Interest-Based Ads”). Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this Site. Any tracking done by Google through cookies and other mechanisms is subject to Google's own privacy policies. You may decide to disable all the Google cookies by visiting https://www.google.com/settings/ads/onweb/optout?hl=en. You can use Ads Settings to manage the Google ads you see and opt out of interest-based ads delivered by Google. You also may opt out of receiving Interest-Based Ads from many third-party ad networks, such as those provided by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding Interest-Based Ads by NAI members and DAA members, including how to opt out of Interest-Based Ads provided by NAI and DAA members, please visit their respective websites: https://optout.networkadvertising.org/ (NAI) and https://optout.aboutads.info/ (DAA). If you are in the European Union, go to https://www.youronlinechoices.eu for information about your choices with respect to third-party advertising, including instructions on how to opt out of participating ad networks. Please note that opting out of participating ad networks does not mean that you will not see advertisements at all and you will continue to receive advertisements on other websites and from companies that do not participate in the above programs. Even if you opt out of interest-based ads, you may still see ads based on factors such as your general location derived from your IP address, your browser type, and recent/previous searches related to your current search.
Please note that even if you opt out of receiving marketing communications from us, we may still send you communications about your account or any products or services you have purchased from us and we will still respond to your inquiries and requests for information.
Cookies and Tracking
- Clear GIFs, Pixel Tags, and Other Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in functionality to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs, pixel tags, or action tags, among other names), in connection with our Site to perform functions like tracking the activities of visitors to our Site, helping us manage content, and compiling statistics about usage of our Site. We or our service providers may also use clear GIFs in emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
- Embedded Scripts. We use embedded scripts, which is code designed to collect information about how visitors interact with a website, such as the website which linked them to our Site.
- Do Not Track. Our Site does not respond to Do Not Track signals, but we do not track your activities once you leave our Site. You may disable certain tracking as discussed in this section (e.g., by disabling cookies).
Our Site may contain links to non-FactoryOutletStore.com websites and applications. Any access to and use of such websites and applications is not governed by this Privacy Notice. Instead, your use of non-FactoryOutletStore.com websites or applications is governed by the privacy policies of those third-party websites or applications. We are not responsible for the information practices of such third-party websites and we encourage you to read their privacy policies.
International Transfers of Information
Our Site is intended to be used by customers located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect about you, including Personal Information, will be transferred to, processed and stored in the United States. The data protection and privacy laws in the United States differ from those of the country in which you are located. U.S. governmental agencies, courts, or law enforcement may be able to access or obtain your Personal Information (for example, in response to a court order).
By using our Site, you consent to the transfer, processing, and storage of your information, including Personal Information, in the United States.
Our Site is for general audiences and is not targeted to children less than thirteen (13) years of age. We do not knowingly collect any Personal Information from children younger than the age of thirteen (13), and we will delete any Personal Information collected that we later know to be from a customer under the age of thirteen (13). If you believe a child under the age of thirteen (13) has disclosed Personal Information to us, please contact us at email@example.com and specify the customer and information you believe to be from the child under thirteen (13).
We have taken steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security. Please note that we cannot guarantee the security of any information we have collected about you, and your use of our Site indicates that you understand and accept this risk.
You should take steps to protect your account by, among other things, choosing a strong password that nobody else knows or can easily guess and keeping your log-in and password information private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Changes to this Privacy Notice
This Privacy Notice will be updated from time to time. Changes to this Privacy Notice will go into effect when posted and will only apply to Personal Information collected on and after the “Last Updated” date of the revised Privacy Notice. If revisions to this Privacy Notice materially affect how we use Personal Information that we collected from you prior to the date of the revised Privacy Notice, we will obtain your consent for any new uses or sharing of your Personal Information. We will post any updated Privacy Notice to our Site.
How to Contact Us
By Email: firstname.lastname@example.org
By Phone: 855-661-9129
ATTN: Privacy Department
1407 Broadway, Suite 700
New York, NY 10018
Additional Information for California Residents
This additional information only applies to California residents. The California Consumer Privacy Act of 2018 (California Civil Code 1798.100 to 1798.199), as amended or superseded from time to time (the "CCPA") provides California residents with certain rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
This Additional Disclosure supplements, and should be read in conjunction with our Privacy Notice and is only applicable to California residents with respect to our activities as a business under the CCPA.
Notice of Collection
In the past 12 months, we have collected the following categories of personal information identified in the CCPA:
- Category A - Identifiers, including name, address, email address, telephone number, account name, account password, IP address, MAC address, and an ID number assigned to your account.
- Category B - Customer records, phone number, billing address, and credit or debit card information.
- Category D - Commercial information, including purchases and engagement with us through our sales and/or customer service channels.
- Category F - Internet activity, including history of visiting and interacting with our Services, browser type, browser language, and other information collected automatically.
- Category I - Professional or employment related information, including information you provide when you apply for a job with us.
- Category K - Inferences drawn, including your preferences, trends, and predispositions in relation to the products that we sell.
For more information on information we collect, including the sources we receive information from, review the "Information We Collect" section in our main Privacy Notice. We collect and use these categories of personal information for the business purposes described in the "Use of Information" section of our Privacy Notice.
Disclosure of Your Personal Information
Factory Outlet Stores Holding LLC may disclose your personal information for a business purpose with different types of entities to assist with our daily operations and manage our Services. Please review the "Sharing of Information" section of our Privacy Notice for more detail about the parties we have shared information with.
In relation to the categories of information identified within the CCPA, we share personal information with the following categories of third parties:
- Service Providers: We also may disclose personal information to third-party service providers that assist us with our operations. For example, payment service providers, fraud detection services, address verification services, fulfillment centers, and couriers).
- Protecting Our Rights: We may disclose personal information to third parties where we believe there is a legal requirement to do so or is in our interest to protect our property or other legal rights.
- Corporate Transaction: Personal information may be disclosed as part of a corporate transaction, such as a merger, acquisition, or similar transaction.
In the preceding twelve months we may have disclosed the following categories of personal information for business purposes: identifiers, customer records, commercial information, internet activity, and inferences.
We do not sell your personal information and have not done so in the preceding 12 months.
If you are a California resident, you have the right to delete the personal information we have collected from you, subject to certain exceptions, and know certain information about our data practices in the preceding 12 months.
Please note that where we use and disclose personal information for purposes related to security, fraud detection, and other similar purposes, some of your rights may be limited to the extent that they adversely affect the rights and freedoms of other consumers.
In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose;
- The categories of third parties to whom the personal information was disclosed for a business purpose;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
You may make a request for the disclosures or deletion described above by emailing us at email@example.com, or calling 1-855-661-9129.
In the request, please specify which right you are seeking to exercise and the scope of the request. We may require specific information from you to help us verify your identity and process your request. Such information may include your First Name, Last Name, Street Address, City, Zip Code, and Date of Birth. This information will be used only for the purposes of verifying your identity and processing your request. We may not be able to comply with your request if we are unable to confirm your identity or to connect the information you submit in your request with personal information in our possession.
You may only make a request for access or deletion twice within a twelve-month period.
If personal information about you has been processed by us as a service provider on behalf of a Marketplace (Amazon, Walmart, etc.) and you wish to exercise any rights you have with such personal information, please inquire with the Marketplace owner directly. If you wish to make your request directly to us, please provide the name of the Marketplace on whose behalf we processed your personal information. We will refer your request to that Marketplace, and will support them to the extent required by applicable law in responding to your request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days from the date of receiving your request), we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the date of the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to access or deletion requests unless they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sales Opt-Out Rights
California residents aged 16 and over have the right to direct us to not sell your personal information. As stated above, Factory Outlet Stores Holding LLC does not ‘sell’ customer personal information.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and will verify your identity directly with you.
Factory Outlet Stores Holding LLC will not discriminate against you for exercising any of your rights.
Shine the Light
Under California’s “Shine the Light” law, Factory Outlet Stores Holding LLC customers who are California residents can request information about the types of Personal Information (if any) shared by Factory Outlet Stores Holding LLC with third parties (if any) for “Direct Marketing Purposes” within the preceding calendar year, as well as the names and addresses of those third parties. “Direct Marketing Purposes” means the use of certain types of Personal Information to solicit or induce a purchase, rental, lease, or exchange of products, goods, property, or services directly to you.
If you are a California resident, you may email your request to firstname.lastname@example.org. Please (i) put “California Privacy Information Request” in the subject line and in the body of your message and (ii) state that you are a California resident and provide your California address. You may make one (1) request per calendar year.
Additional Information for Individuals Located Within the UK or EU
Under the UK and EU versions of the GDPR, we operate as a ‘Controller’ as we process personal data for our own purposes.
Data Subject Rights
If you are an individual who is located in either the UK or the EU then you have the right to request copies of your data, request rectification of your data, request erasure of your data, object to Us processing your data, the right to prevent your data being used for direct marketing, request Us to restrict the processing of your data and where Our systems allow, the right to access a copy of the information We hold about you (a subject access request).
If you have provided your consent to our processing of your personal data, for example, by opting-in to receive marketing materials from us, then you have the right to withdraw your consent at any time.
If you wish to exercise any of these rights, please contact us by using the information provided in the section above titled “How to Contact Us”. We will respond to your request within one calendar month. We may require you to provide additional information to confirm your identity.
If personal information about you has been processed by us as a service provider on behalf of a Marketplace (Amazon, Walmart, etc.) and you wish to exercise any rights you have with such personal information, please inquire with the Marketplace owner directly. If you wish to make your request directly to us, please provide the name of the Marketplace on whose behalf we processed your personal information. We will refer your request to that Marketplace and will support them to the extent required by applicable law in responding to your request.
If you are unhappy with our response, you have the right to lodge a formal complaint with the relevant supervisory authority within your country or region.
Additional Information for Nevada Residents
Nevada law requires businesses that sell the personally identifiable information of Nevada residents to provide a mechanism to opt-out of such sales. We can confirm that these rules do not apply to us as we do not sell personal data for commercial gain (as stated above). If you are a resident of Nevada and wish to understand how we comply with data protection laws in your state then please contact us using the details provided in the ‘Contact Us’ section above.